The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-05-29
and then the law of the latter place ad-
judges all matters pertaining to it.

JUICES au matters pertaining 70 IL.
IN CONTRACTS OF SALE,
There is a well known principle of law
that operates as warning especially
to the purchaser Il is, LET the pur-
chaser beware" Suppose the vendor
has not the actual custody of the article
he proposes to sell, then the purchaser
must make sure that the vendors title to
the same is uudisputed. riff the vendor
has the property in his possession, the
purchaser is warned to investigate, for
ne buys at his own risk, and general
warranty of soundness by the vendor
Will not avail the purchaser as against
any defect that appears on inspection of
the article. If the purchaser suspects
secret defects, special warranty is
necessary to secure himself against
them. If the vendor knows OF a secret
defect. ne Is bound to disclose 1t, or he
Is liable for fraud; but If he is not aware
OF the defect, the purchaser can have
no recourse on the vendor to compen-
safe himself. A contract of sale affect
Ing Discriminate property, as horse, a
certain machine, etc., is equivalent to
an executed contract, the horse belong
ing thereafter to the purchaser, and the
seller being entitled to the purchase
money. But a contract of sale of indie
terminate property, as certain amount
OF wheat, etc.. is not equivalent to an
executed contract. and the title to the
property does not pass with the signing
of the contract but with the delivery of
the property. Delivery of the prop
erty IS desirable always,l but not abso-
lutely necessary, in order to vest the
title in the purchaser. An agreement
made and the property identified is
legally sufficient.
In sales on credit. the delivery is con-
sidered complete when the goods are
given to carrier, in accordance with
the buyers orders, but is subject to one
purchaser becomes bankrupt before the
goods reach him, the seller of the goods
can have them returned.
Old writer's have enumerated five
kinds of contract of bailment, cases in
which the owner of property delivers it
to another upon some contract to hold,
use and return to the owner. Depositum
Is naked deposit, in which the bailee
is safely to keep and then return the
property to the bailor.
THE BAILEE Is BOUND
to good faith and must not be guilty of
any gross neglect. The degree of dill
gence may, however, be specified, and
then more strict performance of duty
is necessary. Ii the bailee has re-
quested the trust, though it is gratui-
tous, he is charged with a high degree |
of diligence in preserving the property. |
2. Ma'ldatuns is that in which the bailee |
promises to do some act in respect to
the thing bailed, and reasonable care |
and good faith are required of him. He |
is chiefly liable for hisfeasance, as, if a
person thus securing leather undertook
to make shoes of it and spoilt the
leather. But the bailee can keep the
he has spoilt to mend work
upon, under q lien, until he has /
been paid. 3. Accommodation is the
case of a grstuitous borrower, who is
chargeable with high degree of care,
seen accident freeing him of liability for
the thing borrowed. He is chargeable
with the ordinary expenses of
the borrowed article, but not
with the expense arising from
an inherent infrmity in it. 4. A
pledge, which has been before spoken
Of. 5. LOcatuR, which is OF several
kinds. In letting to hire, the bailee is
bound to ordinary care OF the hired
article or thing, and TO apply it to the
use stipulated. Innkeepers are bound
to take care of the property that guests
entrust to their care, against all ordi-
nary danger; and carriers are subject
to the same responsibilities.
The next lecture will be on remedies.